Loading...
HomeMy WebLinkAbout2011-06-14 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, JUNE 14, 2011-7:30 P.M. AGENDA 7:00 P.M.–Executive Session– Personnel ROLL CALL PLEDGE OF ALLEGIANCE REPORT: (1) Airport activity update from County Legislator Martin Rogowsky PUBLIC HEARINGS: 1. Public hearing to consider a proposed local law amending Chapter 6 of the Village Code regarding the BelleFair Middle Income Development Program RESOLUTIONS: (1) Referring a proposed site plan application at 525 Ellendale Avenue (2) Considering entering into an Inter-Municipal Agreement with Westchester County for CDBG funding (3) Considering a license agreement with the owners of 64 Rock Ridge Drive (4) Considering a stipulation of agreement with the Rye Brook Police Association, Inc (5) Considering approving amendment `B" to the Snow and Ice Agreement with NYSDOT for the 2010-2011 Snow Season Board of Trustees Meeting June 14,2011 Page 1 of 14 ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT REGULAR TRUSTEES MEETINGS: June 28 and July 12, 2011 BOARD: Trustee Michael S. Brown Trustee Toby S. Marrow Trustee Jeffrey B. Rednick Trustee Paul S. Rosenberg Mayor Joan L. Feinstein STAFF: Christopher J. Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Gregory Austin, Chief of Police Michal Nowak, Acting Village Engineer Fred Seifert, Public Access Coordinator Paula Patafro, Meeting Secretary Mayor Joan Feinstein welcomed everyone to the Tuesday, June 14, 2011 Regular Meeting of the Board of Trustees. She began the meeting with two announcements. She noted that her mother passed away three weeks ago and she thanked the Village's Staff and residents for their outpouring of support. It was very touching. The second item address was the property revaluation. She noted that the preliminary property assessments were sent out in April. Residents were given the opportunity to go before the Town to discuss this assessment. In the beginning of June the tentative property assessments were sent out and Tax Assessor Markowitz came to a Board of Trustees meeting and made a presentation on the process. It was noted that there were reductions in assessments, and increases. There is one more mechanism remaining where residents can review the assessment. Individuals may file a formal grievance before the Board of Assessment Review and the deadline is June 21St. Many assessments went up Board of Trustees Meeting June 14,2011 Page 2 of 14 dramatically. Residents must review their assessments very carefully. Mayor Feinstein's concern is that some properties have been increased in value and the residents are going to be surprised at the tax increase. She stated that there is information on the Village's website and residents should exercise their rights. Mayor Feinstein called for the first item on the agenda: REPORT: (1) AIRPORT ACTIVITY UPDATE FROM COUNTY LEGISLATOR MARTIN ROGOWSKY Mayor Feinstein noted that Martin Rogowsky, County Legislator, would not be seeking re-election this year. She took a few moments to thank him for his years of service and assistance to the Village of Rye Brook and its residents. County Legislator Martin Rogowsky addressed the Board. He began by noting that the entrance fee for County residents to Playland will be waived again this year. Next he addressed the Ridge Street project, noting that the County is reviewing this project. One finding is that there are sidewalk panels that need to be replaced. The Village will not accept title to the road until the project is complete. Legislator Rogowsky introduced Patricia Chemka, Deputy Commissioner of Transportation, who has been working on this project. The next item to be addressed by Legislator Rogowsky was the Westchester County Airport. He noted that in 1990/1991 the County worked hard to cut back the size of the airport. Restrictions were imposed, but they were voluntary. In 1994 the airlines signed on to the voluntary agreement for ten years. Safety equipment and operations took over the airport after 9/11. In 2003 the County Board codified the restrictions. The FFA gave the permission to codify. The restrictions are now in County Law, however, there are certain things that need to be done for public health and security. The existing observation deck will be enclosed. Some of the operations on the first floor will be moved to the observation deck. The departure lounge was made smaller after 9/11 with the installation of extra security equipment. It is now uncomfortable. This will now be corrected. Post-9/11 more families have been using Westchester County Airport for trips, especially to Florida. Another issue being addressed is the parking situation. Additional parking is needed. Board of Trustees Meeting June 14,2011 Page 3 of 14 Mayor Feinstein noted that there are larger planes that are now at maximum seating capacity at Westchester County Airport. She also noted that it used to be cost prohibitive to fly out of Westchester and now that has changed. Legislator Rogowsky noted that all of the planes are stage III. The level of noise has decreased, but the size of the planes have not changed. What has changed is the entire nature of the passenger profile. The Westchester County Airport has two jetways. Given the reality of the passengers, people who are disabled use these jetways. To accommodate these people, the two outside jetways will be upgraded. About 1000 square feet will be added to the departure lounge and equipment will be moved for security reasons. Mayor Feinstein noted that there has been concern regarding the garage. Legislator Rogowsky noted that SUNY Purchase has incorporated one of their parking lots into airport parking. In addition, North Castle has a proposal of a 1400 car garage. The County has no role in this because it is off County property. Deputy Commissioner Pat Chemka addressed the Board. She noted that the terminals are now 15 years old. There are upgrades that need to be done, including electrical upgrades. These changes are being made either for environmental reasons, or just taking back space that was taken by TSA after 9/11. Also slotted to be upgraded is the de-icing system. This project, located on the terminal side and has been going on for a long time. It will improve the collection system. The tanks will be located underground. On the other side, where the private jets are, no upgrade to the de-icing system is planned. The rental car parking lot will be relocated to an employee parking lot, and the employee parking lot will be relocated. Construction will start within the next month. There is also a proposal for construction of passenger walkways. There are many more people in the operations area and the idea is to move people away from the baggage area, and provide access for handicapped individuals. The terminal systems upgrade project involves the enclosure of the current observation deck, and the construction of another observation deck. There will be a better view of the runways. The new observation deck is important to airline operations. People want to get through security quickly so creating a little more additional space in the Departure Lounge will give people a place to go. Another project is renovation of the restrooms. There will be a total reconfiguration on the second floor. There is a temporary trailer that will house the restrooms while the construction is being done. Board of Trustees Meeting June 14,2011 Page 4 of 14 The baggage screening building will be attached to the North side of the terminal. A new screening conveyor system is included. A review of the look and function is underway. Legislator Rogowsky noted that there will be another building constructed for the equipment. A fair amount of space in the ticketing area was taken away by security and now the airport is trying to get back to the terminal that was built in 1994. He noted that the new construction will take place on the grassy area near the flagpoles, which will be filled in. Deputy Commissioner Chemka noted that Dolph Rotfeld, the Village's Engineering Consultant, has been given all of the information needed to review this project. She noted that there are environmental issues. The westside de-icing project cannot proceed until the stormwater catch basins are modified. The County is in the initial stages of obtaining funding. Legislator Rogowsky noted that the funds being used are not tax dollars but rather Federal Aid. Mayor Feinstein noted that there are private planes that use the airport and they are not regulated. The County has no control over them. She called for questions or comments from members of the community. Jack Robinson of 998 King Street addressed the Board. He stated that it seems like the planes are coming in lower on approach to the airport. Deputy Commissioner Chemka offered to look into this matter. The FAA Airspace Design was scheduled to take place in 2012. Commercial and private follow the same regulations for approach. The tower closes at 11:00 P.M. The Chairman of the Airport Committee, Marcia Teschner, a resident of Doral Greens Drive, addressed the Board. She noted that she attended a meeting last month where a five-year plan for expansion was presented. There have been piece-meal extensions to the airport that have been done in the past few years. The airport is concerned with passenger comfort and not the comfort of the surrounding residents. She noted that a Greenhouse had already been added. There are four gateways, one of which has been expanded and enlarged. There are larger planes coming in, and with them are larger number of people. There are now 737s which hold more passengers. There is an airbus from Jet Blue. Now the County is considering enlarging another gateway. The new building is 4000 square feet, but that does not include the space where the flagpoles are located. In 1997 the airport was considering raising the roof and adding a second floor. That project was stopped. Now the County is proposing more expansion. Board of Trustees Meeting June 14,2011 Page 5 of 14 Legislator Rogowsky noted that a resolution was signed in October, 2003. Many new projects have been built. She also noted that the County gets half of the income from the parking garage. Legislator Rogowsky noted that the community did not want the airport expanded. The County placed restrictions on the airport. The voluntary restrictions were codified. Every plane is tracked and this way the passenger limit is not exceeded. The resolution from 2003 noted that adjustments may need to be made to address the safety concerns. The airport is only trying to reclaim the space taken by security. Mayor Feinstein thanked Deputy Commissioner Chemka, Legislator Rogowsky, and Marcia Teschner for their hard work. Mayor Feinstein retuned to the agenda, calling the first public hearing before the Board. She noted this was a continuation of the public hearing. PUBLIC HEARING: 1) PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW AMENDING CHAPTER 6 OF THE VILLAGE CODE REGARDING THE BELLEFAIR MIDDLE INCOME DEVELOPMENT PROGRAM Mr. Bradbury noted that a local law was prepared back in March. There was a public hearing and the matter was adjourned at a previous meeting. Changes in the language were made to clarify ownership and transfers. Also addressed is what happens when the eligible owner passes. The twelve units in Bellefair are middle income housing. The Village has been going back and forth with some of the legislation which was brought about by some abuses by previous owners. The most difficult issue is what happens when the eligible owner passes. There are technical, policy decisions that need to be made. There was an outpouring from the BelleFair community and they advocated their position. Trustee Paul Rosenberg noted that he took exception to paragraph B, where the local law discusses what would happen if the owner passed away. This paragraph lays out how long the surviving spouse or children would have before they would have to vacate. He felt that this portion of the local law was unfair. He did not feel that in the event of the death of the eligible individual that the surviving spouse should be given a time certain to vacate. Board of Trustees Meeting June 14,2011 Page 6 of 14 Trustee Michael Brown noted that he heard BelleFair residents discuss this issue. The Village must try to figure out what the spirit and intent of these units was and to what degree the Village can legislate. The goal was to provide affordable housing for the community. Trustee Brown suggested that legislation be added regarding the time that someone needs to work for the community to continue to be eligible, as well as a timeframe that families would be allowed to stay in the event of the death of the eligible individual. Trustee Brown noted that the Village's Code, Chapter 6, promotes the purpose of the local law. There is nothing in the original statute that says I lose the right to live here if I lose my position. The owners qualify one time. Edward Beane, Esq., Village counsel, suggested that the language be clarified. This would clean up the worst abuses. These units, which are not large homes, are not investment units. The owner must occupy the unit. The criteria to stay in the unit is eligibility. Attorney Beane noted that the owners have vested rights. The immediate abuses or potential abuses occurred in one section (Section A). He suggested perhaps striking Section B. Mr. Bradbury stated that striking paragraph B from the local law creates a problem. Now, when a unit is sold, only the eligible person is allowed to be on the deed. The consensus of the Board was to remove paragraph A. Mayor Feinstein noted an adult child cannot come in and say I want to live here. Attorney Beane will review the local law and make one more attempt to change the wording. Dean Santon, resident of Rye Brook, addressed the Board. He noted that he was a Board member when this legislation was put in place. The mission was to provide affordable housing. This is a County sponsored program. The Village has spent tens of thousands on litigation dealing with these twelve units. This housing was supposed to be there to serve the mission. Current employees should have the chance to live there. The initial closings were monitored by the developer, now the Village must monitor them. Mayor Feinstein asked that the public hearing be adjourned to the July 28 I meeting. On a motion made by Trustee Marrow, and seconded by Trustee Rednick, the hearing was adjourned. Mr. David Burke, Assistant to the Village Administrator, called the roll: Board of Trustees Meeting June 14,2011 Page 7 of 14 Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye RESOLUTIONS: (1) REFERRING A PROPOSED SITE PLAN APPLICATION AT 525 ELLENDALE AVENUE Mr. Larizza, affordable housing developer in Westchester County, addressed the Board. He introduced Mike Martino, an affordable housing consultant. Mr. Larizza asked to be referred to the Planning Board. He also noted that he would require variances. He asked that a zoning amendment be made changing this zone to a Cl zone. This would reduce the number of variances required for this project. Mayor Feinstein noted that a committee was established to look at the Village's ordinances as related to affordable housing. The goal is to streamline the process. The legislation will probably be adopted by the end of the year. Mike Martino noted that the application discussed with the Board and staff tracks the County Fair Housing program. The applicant would like to take the easiest path that would meet the Village's requirements. Mr. Bradbury noted that the applicant is looking for changes to the Zoning Map. An EAF would need to be submitted. Mr. Larizza noted that he is proposing four one-bedroom 800 square foot rental apartments. They will mostly be utilized for elderly persons. These units are equivalent to the Grant Street development in Rye Brook. The apartments would be most likely rented by one person. He noted that he and Mr. Martino have gone over the project for a number of months. There will be an open area in the rear for the tenants. The property and apartments will be handicapped accessible. There will be screening on the right hand side, and the there is an elevation change on the left side. There will be an agreement with the bank regarding landscaping and maintenance. Board of Trustees Meeting June 14,2011 Page 8 of 14 Mayor Feinstein noted that the Planning Board will vet the application. The Building Department has submitted a memo regarding issues to be addressed. Nine variances are mentioned. Mr. Larizza noted that if a two family house was built on this property there would be six bedrooms, with children that would be using the school system. The affordable housing will result in one bedroom and no children. Mr. Christopher Bradbury, Village Administrator, read the following resolution: RESOLUTION REFERRING A PROPOSED SITE PLAN APPLICATION FOR 525 ELLENDALE AVENUE TO THE VILLAGE ZONING BOARD OF APPEALS AND VILLAGE PLANNING BOARD WHEREAS, Louis Larizza/Lazz Development has submitted a Site Plan Application for approval of an affordable housing development at property located at 525 Ellendale Avenue and designated on the Tax Map as Section 141.27, Block 1, Lot 49; WHEREAS, the Board of Trustees has final Site Plan approval authority pursuant to §§ 209-1(A)(1); WHEREAS, the Board of Trustees recognizes the importance of providing affordable housing in our community particularly due to Westchester County's 2009 Stipulation, Settlement and Dismissal of United States of America ex rel. Anti-Discrimination Center of Metro New York, Inc. v. Westchester County, New York, which settlement requires Westchester County to implement a plan to provide 750 units of affordable housing throughout the County; WHEREAS, the Board of Trustees recognizes the need for a streamlined land use review process for affordable housing projects which provide an overall benefit to the community; WHEREAS, pursuant to Sections 179-12(B) and 250-13(G)(5)(c) of the Village of Rye Brook Code, where a use variance is sought in connection with a site plan application, the Zoning Board of Appeals shall first make a determination on the use variance relief sought prior to final review of the site plan application by the Village Board, the Planning Board Board of Trustees Meeting June 14,2011 Page 9 of 14 or any other agency serving in an advisory capacity or as the designated approval authority. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby simultaneously refers the Site Plan Application to the Zoning Board of Appeals for review of the requested variances and to the Planning Board for report and recommendation upon the following conditions: 1. The application shall not be heard on an agenda of the Planning Board for report and recommendation to the Board of Trustees until the Zoning Board of Appeals has completed its review of the requested variances, unless the Zoning Board of Appeals requests, pursuant to Sections 179-12(B) and 250-13(G)(5)(c) of the Village of Rye Brook Code, a preliminary review of the Site Plan Application, for the purpose of providing input on related planning issues to the Zoning Board of Appeals relevant to the Zoning Board of Appeals' review of the variance application. 2. The Zoning Board of Appeals shall refer the application to the Board of Trustees after its decision on the requested variances. In the event no variances are requested following the Planning Board's review of the application, the Planning Board shall refer the application to the Board of Trustees along with its report and recommendation. 3. That the applicant prepares a long form EAF that would permit an uncoordinated review as an unlisted action reflecting the applicants request for an amendment to the zoning for this property. 4. That prior to being placed on any Planning Board agenda the applicant must provide the information requested in the June 10, 2011 memorandum from the Building Inspector. On a motion made by Trustee Michael Brown, and seconded by Trustee Jeffrey Rednick, the resolution was adopted. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting June 14,2011 Page 10 of 14 2) CONSIDERING ENTERING INTO AN INTER-MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY FOR CDBG FUNDING Mr. Bradbury read the following resolution: RESOLUTION APPROVING WESTCHESTER URBAN COUNTY COMMUNITY DEVELOPMENT CONTRACT FOR FACILITY IMPROVEMENT AT THE AJP COMMUNITY CENTER WHEREAS, the Village of Rye Brook has proposed improvements to the AJP Community Center and applied for funding through the Westchester Urban County Community Development Project; and WHEREAS, Westchester County has offered to enter into an agreement with the Village of Rye Brook to provide funds for the improvement to the AJP Community Center. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the Village of Rye Brook to enter into an agreement with the County of Westchester concerning improvements to the AJP Community Center upon the terms proposed by the County of Westchester; and BE IT FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all necessary documents to accomplish the purpose of this resolution. Mayor Feinstein noted that the duration of the agreement is five years, with certain constraints on the Village. Attorney Beane noted that this privilege was given to only a few communities. A certain sunset date can now be set. This is a balancing act. There are a few projects that have been approved. There are certain constraints in order to procure funds the Village must give up some land use flexibility. Mr. Bradbury noted that bathroom improvements brought in ten bids. The good news is that the Village does not have to provide any additional funds. The County considers the other work completed at the Center as the Village's portion of the funding. Board of Trustees Meeting June 14,2011 Page 11 of 14 On a motion made by Trustee Brown, and seconded by Trustee Rednick, the resolution was adopted. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 3) CONSIDERING A LICENSE AGREEMENT WITH THE OWNERS OF 64 ROCK RIDGE DRIVE Mayor Feinstein, with the consensus of the Board, noted that this resolution was tabled. 4) CONSIDERING A STIPULATION OF AGREEMENT WITH THE RYE BROOK POLICE ASSOCIATION, INC. Mayor Feinstein noted that this resolution was also tabled. 5) CONSIDERING APPROVING AMENDMENT "B" TO THE SNOW AND ICE AGREEMENT WITH NYSDOT FOR THE 2010-2011 SNOW SEASON Mr. Bradbury read the following resolution: Board of Trustees Meeting June 14,2011 Page 12 of 14 RESOLUTION CONSIDERING APPROVING AMENDMENT "B" TO THE SNOW AND ICE AGREEMENT WITH NYSDOT FOR 2010-2011 SNOW SEASON RESOLVED, that the Village of Rye Brook accepts Amendment B of the 2010/2011 indexed lump sum municipal snow and ice agreement (#D010779) with the State of New York, Department of Transportation; and it is further RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purpose of this resolution. This is an agreement that the Village has entered into in previous years. On a motion made by Trustee Brown, and seconded by Trustee Marrow, the resolution was adopted. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye ADMINISTRATOR'S REPORT: Mr. Bradbury began his report by noting that the Ridge Street project is still underway. Michal Nowak, Acting Village Engineer, is overseeing the project. There are still items that need to be completed before the Village takes possession of Ridge Street. The Rye Brook Birthday Party will be held on Saturday, June 18th starting at 12:00 noon. Everyone is invited. Board of Trustees Meeting June 14,2011 Page 13 of 14 The Village has been doing some major roadwork repairs. The highway Department has been doing a great job. They have been trying to make more permanent type repairs to potholes versus just doing some patch work. The sightings of the mountain lion has been monitored. One mountain lion was struck by a vehicle in Connecticut. That may or may not have been the only one in the area. Some of the sightings have been in Connecticut. Mr. Bradbury reviewed the property revaluation and reminded residents that there was still a chance to grieve their assessments. Although the informal meetings are now over, the process will continue through June 21, 2011. The necessary forms can be found on-line. Concerns about increased assessed values should be addressed. Mayor Feinstein called for members of the public wishing to address the Board. Dean Santon of Hillandale Road addressed the Board. He noted that he was very actively involved during the 2004 revaluation. Now it is time for an update. The new firm has broken out outbuildings which include patios, pools, sheds, and detached garages, however, they are eradict in what they identified. At the March 31st preliminary assessment approximately two-thirds of the assessments went down. The Hillandale, Loch Lane, Beechwood, area is about a 90 acre tract of land; some properties were increased; some were decreased. There is no rhyme or reason to the changes. When Vision Appraisal inventoried people's parcels they failed to identify outbuildings. There are structures such as pools and garages which are cleared photographed but they don't appear in the Vision Appraisal documents. It is inequitable. The data collection from 2004 to 2010 was pretty good, but the current assessment process did not look at this data. There are 11,000 parcels. The problem is that when you get accurate data for one property and do not get it for the other properties then there is inequity. Mayor Feinstein noted that this revaluation needs to be done every six years. This process was supposed to be equitable. But if the data is flawed then people are not paying their fair share. Residents who believe their assessments are wrong should grieve it. Mayor Feinstein noted that there was a presentation at the April 26th meeting and the video should be reviewed by residents. One third of the village properties have been increased in value. The window of opportunity to grieve these increases is closing. There being no further business before the Board, Mayor Feinstein called for a motion to adjourn and go into Executive Session. On a motion made by Trustee Rednick, and seconded by Trustee Marrow, the meeting was adjourned at 10:25 p.m., and the Board went into Executive Session. Board of Trustees Meeting June 14,2011 Page 14 of 14